What do I need to do to keep my soon to be ex-wife from taking my kids out of state?

Unless a custody agreement addresses this issue directly, the parent seeking to move out-of-state with a minor child must request the court's permission. A move without it could mean that the relocating parent is in contempt of a court and they could be charged with parental kidnapping. Further, the burden is on the party seeking to move and the court will look at the "best interests" of the child in making its determination.

Each petition will be reviewed on a case-by-case basis. In considering whether removal is approprite, the court will take the following into account:

• The motivations of the parent for relocating (moving for a better job or medical reasons is more favorably viewed);.
• The motivation of the parent opposing the move;
• The advantages of relocation to improve the life of the minor child;
• Disadvantages, if any, of relocation on the minor child;
• The likelihood that a reasonable visitation schedule can be arranged;
• A chance for the child to bond with extended family members; and the like.

Remember so long as there is a court order in place it must be followed unless, and until, it is modified. At this point, you should consult with a divorce or family law attorney in your area.